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An Act to extend the provisions of the fourth section of an act for prevention of frauds and perjuries enacted 29th Charles II ch. 3d, so as to make the same applicable to slaves. 1855-1856 239 (1855)

handle is hein.slavery/ssactsga0425 and id is 1 raw text is: PUBLiC LAWS-JuDIcIARY. 239 Statute of Frauds. of said Court, if it appear to the Court that the rule ni si has been served according to the provisions of the second section of this act, and no sufficient cause appearing to the Court why said rule abso- lute should not be granted. 4. Sec. IV. Be it further enacted, That no motion for a contin- uance shall be granted on an application for a rule absolute in con-r s formity with this act, unless it appear reasonable and just to the sontinuance; Court, nor shall a continuance be allowed but once to the same party, only on Providential cause shown to the Court. 5. Sec. V. Be it further enacted, That the Clerk of the Court in Clerk shall which a lost or destoyed paper has been established shall furnish? Eorsem the copy paper established in conformity with this act, with a cer- tified endorsement on the same of the day, and date, and term ofProviso; the Court at which it was established, to the party who had the paper established, Provided, all costs which may have accrued in establishing said paper have been paid. 6. Sec. VI. Be it further enacted, That if the paper lost or de- stroyed be a note, bill, bond, or other evidence of debt, the person mayeoice owning the same may institute suit upon the same so soon as a rule ni si has issued in conformity with this act. 7. Sec. VII. Be it further enacted, That whenever suit is insti- tuted in conformity with the 6th section of this act, it shall be set forth in the original process that the paper is lost or destroyed, and in no case shall there be a judgment had until it shall be determin- 'titset ed by the Court whether the application to establish the lost or h;t destroyed paper sued on be granted or not, and if granted then judgment may be had as in other cases. S. Sec. VIII. Be it further enacted, That Oyer shall not be de- manded in any case where the petition sets forth that the instru-oyer; mient sued on is lost or destroyed, but Oyer may be demanded at the time of the rendition of judgment, and if the plaintiff produce a copy of the instrument sued on, in conformity with the 5th sec- tion of this act, it shall be taken and considered as the original. 9. Sec. IX. Be it further enacted, That all costs which may ac-Cost how pd. crue in establishing lost or destroyed papers in conformity with this act shall be paid by the party having the same established, un- less it be otherwise directed by the Court. 10. Sec. X. (Repeals conflicting laws.) STATUTE OF FRAUDS. Sec. 1. Contracts for sale of slaves to be See. 1. Repeals the act of January 19th, in writing. 1852. 2. Repealing clause. I (No. 181.) An Act to extend the provisions of the 4th section of an act for preven- tion of frajds and perjuries enacted 29th Charles 11 ch. 3d, so as to make the same applicable to slaves. APPROVED, Feb. 2Sth, 1856. 1. Section I. Be it enacted, 4c., That from after the passage of this act no action shall be brought whereby to charge any person PUBLIC LAWS-JUDICIARY. 239

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